Midland County Utility District works to form through legislation

Published 1:00 pm, Wednesday, February 9, 2011

Having agreed to make provisions for the city, proponents of the Midland County Utility District now are waiting for legislation to be drafted so residents can vote on the district's creation.

Dr. Shelton Viney, who is spearheading the effort to create a water district that would serve Midland County residents, said they hope to have the issue on the May ballot if a bill makes it through the Legislature in the coming months.

Before a final bill can be drafted, though, Rep. Tom Craddick, R-Midland, said they plan to meet with city of Midland officials to ensure interests of both the city and the water district's supporters will be covered. Viney has met with the city and representatives from both groups said they think they've found parameters all agree to.

"I just think it's real positive for us to all be together," Craddick said. "We'll have a bill drafted."

The City Council this week approved a resolution authorizing Vicky Hailey, councilwoman for District 2, Michael Trost, councilman for District 4, and City Attorney Keith Stretcher to work with state officials in drafting the legislation. They plan to meet with officials in Austin next week.

Hailey said she supports water being supplied to county residents, particularly in south and east Midland County where she's pushed for development, but said they also want to be sure the city's interests are protected.

"I just want to make sure there's an open line of communication so everyone can know what's happening, so everyone can have some feedback," she said.

City officials have composed a list of six items they'd like to have considered as part of the legislation being crafted, according to a memorandum provided by Stretcher.

Among them, the city wants to have the ability to annex land within the district without having to annex the entire district. Typically when districts are created, a city can annex the whole district or none of it.

The city also wants to ensure the district doesn't have the power of eminent domain when it comes to city limits and that it can't provide services inside the city limits as drawn when legislation is drafted, according to the memorandum.

If the city were to annex land from the district, the city wants to ensure it does not assume any of the district's debt. The district also would not have the right to contest any annexation proceedings by the city if its proposals are included in the bill, according to the memorandum.

Trost said the city simply is trying to protect its interests in maintaining annexation rights and ensuring it doesn't take on any debt incurred by the proposed district.

"We've got too much at stake," Trost said.

If established, the district would encompass more than 50,000 acres in Midland County. The proposal would have to be approved by voters in that area. If given the go-ahead by voters, it would become a taxing entity with the ability to issue bonds.

Bonds would be used to build any necessary infrastructure and to purchase water.

Water lines would be implemented in the county in phases with the area affected by chromium contamination taking priority and other neighborhoods being addressed from there, Viney said previously.

The cost of such a district still is being determined by a financial consultant, said Bill Bane, who is acting as comptroller for the group. Engineer John Landgraf, with Landgraf, Crutcher & Associates, said at an October meeting that it could be in the neighborhood of $53 million, though the group also could be eligible for state and federal funding in some areas.

Viney said the addition of a reliable source of water for county residents would be beneficial to health, property values and future development.

Hailey said any development that results from a water source would be an asset to the overall area.

"It's good to see development in that particular area of town," she said. "It's great we can all work together in that part of town."